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Law and punitive damages in IP suits in India

20 September 2022 by Rahul Chaudhry & Partners - Vanshika Arora

In India, for intellectual property (IP) disputes, the statutes and courts have always been more focused on compensatory damages, i.e., compensating the aggrieved party to help them restore their position. This approach has led to a lack in the IP regime as it did not effectively achieve the twin objective of compensation and deterrence.

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Recent developments at the Indian Patent Office related to filing of sequence listing as per the WIPO standards

30 August 2022 by LexOrbis - Manisha Singh (Partner) & Shikha Singh (Managing Associate)

As known by many in the Intellectual Property industry the WIPO was working on the tool named “WIPO sequence” since 2020. Its first stable release was launched on April 7, 2020, followed by two consecutive releases till the final version i.e. WIPO Standard ST.26 went live on July 01, 2022. As soon as this tool was launched all the PCT countries including India recognized its importance. Consequently, the Indian Patent Office on 17th June 2022 issued a public notice informing all the stakeholders that all Sequence Listings that are part of an international application filed on and after 1st July 2022 under the Patent Cooperation Treaty must be compliant with WIPO Standard ST.26.

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Disclaimer as an instrument of amendment under Section 59

23 August 2022 by LexOrbis - DPS Parmar

In normal circumstances a patentee/patent applicant resists and rather abhor curtailing or pruning of the claims of their invention. The recourse to the use instrument of disclaimer is adopted by the patent applicant/patent in extreme cases where the objection to clarify the exact scope of the invention is called into question, when they are faced with the refusal /invalidity of their patent claims.

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